A.P.MISRA, J. - (1.) THE present appeal arises out of the judgment and decree dated 20th July, 1978, passed by the Motor Accident Claims Tribunal, Mathura, in Motor Accident Claim Petition No. 23 of 1977.
(2.) CLAIM petition under Section 110(A) of the Motor Vehicles Act had been filed by the wife and two minor sons of the deceased Mohd. Asfaq. On 21st November, 1976, at 9.30 A.M. an accident took place on the Agra- Aligarh road near village Baraus in which two roadways buses Nos. UPB 7508 and UPB 5035 dashed against each other. It resulted into the death of four or five persons on the spot and several received injuries. The deceased was travelling by bus No. UPB 7508 which was going from Sadabad to Agra. He was a teacher getting Rs. 476/- per month as salary including dearness allowance. The case set up in the claim petition was that the death occurred due to negligent driving of the buses by the drivers of both the buses. A claim was made for Rs. 1,75,000/-. The respondent U.P. State Road Transport Corporation contested the claim on the ground that the accident was not on account of any negligence but on the facts and circumstances of the case was inevitable. In fact, both the drivers were driving the buses at moderate speed. At the time of occurrence there was a little drizzling and the road was alippery. The driver of bus No. UPB 5035 while going towards Sadabad side noticed a Tonga and a cycle going towards the same side and since the cycle was being driven carelessly on hearing the horn the cyclist fell down. In order to save him the driver of the bus got his vehicle moved on the right side and it is at that time on account of a bullock cart, the driver of bus No. UPB 7508 had to cut on the right side. This resulted into direct collision of both. It is on these facts, it was stated, that the accident was not caused on account of either rashness or negligent driving.
(3.) THE Tribunal came to the conclusion that there was a clear negligence on the part of the driver of bus No. UPB 5035 on account of which the collision occurred, in which five persons including the driver of bus No. UPB 7508 died. The Tribunal decreed in favour of claimants to the tune of Rs. 65,000/-. After deducting the ex-gratia payment of Rs. 9,000/- the balance comes to Rs. 56,000/-. An interest at the rate of 6-1/4 per cent per annum on the said amount was also made payable from the date of the award.;